A Trial Lawyers Guide to the New FTC Green Labeling Guidelines

Consumer and market demands for sustainability played a part in bringing packaging into the food safety system.

May 8, 2013

Consumer and market demands for sustainability played a part in bringing packaging into the food safety system. For example, increased pressure to use recycled material in food packaging has led to unintended consequences like those revealed by 2011 Swiss research regarding the unsafe migration of mineral oil from recycled paper and cardboard into foodstuffs.

While the food safety community strives to bring packaging under Hazard Analysis and Critical Control Points safety models, both packaging and food producers must now also consider the impact of the “Green Guides “recently issued by the Federal Trade Commission (FTC). The FTC’s guidance regarding package and product environmental claims can affect both food safety concerns and potential consumer action for false labeling. Because the purchases of eco-friendly consumers continue to be influenced by environmental packaging efforts, companies need to understand what’s at stake in deciding to adopt—or ignore—the guidance provided.

© 2013 by the Target Group. Reprinted from Food Safety Magazine.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Thomas C. Mahlum


Co-Chair, Health Care Litigation Group

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